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Patna High CourtL.P.A/1260/2018disposed

The State Of Bihar And ORS v. Shambhu Prasad Gupta And ORS

2021-03-19The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1260 of 2018 In Civil Writ Jurisdiction Case No.1822 of 2016 ====================================================== 1.

The State of Bihar through District Magistrate, Gopalganj 2.

Additional Collector, Gopalganj 3.

Deputy Collector, Establishment, Gopalganj ... ... Appellant/s

Versus

1.

Shambhu Prasad Baitha, Son of Shivshankar Baitha, Residence of village - Chhapia, Ward No. 12, P.S. Gopalganj, District - Gopalganj. 2.

Sanjay Kumar Gupta, S/o Arun Kumar Gupta, Residence of village - Hansraipur, P.S. Ekma, District - Saran.

3.

Satyanand Rajak, Son of Siyanand Baitha, Residence of village - Manikpur, P.S. Distt. - Gopalganj.

4.

Najare Imam, Son of Safdar Ali, Residence of village - Jangalia Ward No. 9, P.S. District - Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. P. K. Verma, AAG 3 For the Respondent/s :

Mr. Rajendra Narain, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-03-2021 The challenge is to the order dated 13.12.2017 passed in C.W.J.C. No.1822/2016 (Shambhu Prasad Baitha & Ors. Versus the State of Bihar & Ors.).

We dispose of the present appeal upholding the direction issued by the learned Single Judge to the extent of consideration of petitioners' case on merits. However, we clarify

Patna High Court L.P.A No.1260 of 2018 dt.19-03-2021 2/2 that the authority shall do so, as per the rules and settled principles of law, more so, the judgment rendered by this Court in C.W.J.C. No.10444 of 2005, titled as Shankar Singh & Ors. Vs. The State of Bihar & Ors., as also by the Hon'ble Supreme Court in S.L.P. (C) No.17478 of 2010, titled as Nandjee Manjhi & Ors. Vs. State of Bihar & Ors., uninfluenced by any observation made in the impugned judgment.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.03.2021 Transmission Date NA